1.1 What these Terms cover. These are the terms and conditions on which we provide access to Intellin mobile application software (the “App”).
1.2 Why you should read them. Please read these Terms carefully before you subscribe to use the App. These Terms tell you who we are, how we will provide you with access to the App, how you and we may change or end your contract to access the App (on the basis of these Terms), what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Gendius Limited a company registered in England and Wales. Our company registration number is 08525197 and our registered office is at The Glasshouse, Alderley Park, Alderley Rd, Alderley Edge, Macclesfield SK10 4TG.
2.2 How to contact us. You can contact us by email at email@example.com, or writing to us at Gendius Ltd, The Glasshouse, Alderley Park, Alderley Rd, Alderley Edge, Macclesfield, Cheshire, SK10 4TG.
2.3 How we may contact you. If we have to contact you we will do so by email.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
3. Our contract with you
Downloading the App. When you click to download the App from your relevant mobile application store you enter into a binding contract with us on the basis of these Terms and you are expressly agreeing to be bound by these Terms.
4. Changes to these Terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by sending you an SMS or email with details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App and the provisions of clause 10 will apply if you wish to end the contract as a result.
5. Services available through the App
5.1 Level of access. When you subscribe to receive access to the App, you are able to select the different levels of access described in the App and on our website.
5.2 Upgrade or Downgrade. You have the right to upgrade and downgrade your level of access using the functionality available within the App and subject to the payment of any applicable fees.
5.3 Updates to the App. From time to time we may automatically update the App and change the services available through the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
5.4 If someone else owns the phone or device you are using. If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
5.5 We may collect technical data about your device. By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide our services to you through the App.
6. Our obligations in providing access to the App
What we promise
6.1 We shall provide access to the App and warrant that:
6.1.1 we shall use our reasonable skill and care in providing the services available through the App;
6.1.2 we have all necessary consents, rights and permission to enter into, and perform our obligations under these Terms; and
6.1.3 we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under these Terms.
6.2 We do not warrant that the App will be uninterrupted, error-free or secure from unauthorised access, or that it will meet your individual requirements. Whilst we use our reasonable endeavours to make the App available, we shall not have any liability (subject to clause 15.2 below) if for any reason the App is unavailable for any time or for any period. We make no warranty that your access to the App will be uninterrupted, timely or error-free.
6.3 We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the App.
6.4 We may, at our absolute discretion, from time to time either host the App on our own servers or use third party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement provide reasonable additional obligations or requirements on you or reasonably restrict your rights due to the requirements of a third-party supplier.
6.5 We shall not, at any point or within a particular time, be responsible for providing or achieving any particular results or outcomes.
6.6 We hereby grant to you a non-exclusive, non-transferable licence to access the App solely for your own purposes.
7. Your use of the App
What you promise
7.1 By accepting these Terms, you agree that you will:
7.1.1 ensure that the information you provide is complete and accurate; promptly provide us with such information, data and assistance that will enable us to provide the services available through the App;
7.1.2 not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
7.1.3 not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
7.1.4 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms; and
7.1.5 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.
7.2 Acceptable Use Restrictions. By accepting these Terms you agree that you will:
7.2.1 not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
7.2.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App including by the submission of any information using the functionality available through the App;
7.2.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the;
7.2.4 not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
7.2.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
7.3 In return for your agreeing to comply with these Terms you may:
7.3.1 download or stream a copy of the App onto your mobile device and view, use and display the App on such devices for your personal purposes only; and
7.3.2 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
7.4 You may not transfer the app to someone else. We are giving you personally the right to use the App and you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it prior to any such sale.
8. Intellectual property rights
All intellectual property rights in the App and the services available through it throughout the world belong to us and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App and such services, other than the right to use them in accordance with these Terms.
9. Rights to make changes
If you wish to make a change to the level of access you have subscribed to please use the functionality within the App to make any relevant changes. Before you finalise any change, the App will display any changes in cost of your access and inform you of what other information we may require to change your level of access.
10. Your rights to end the contract
10.1 You can always end your contract with us. Your rights when you end the contract will depend whether there is anything wrong with the App, how we are performing and when you decide to end the contract:
10.1.1 If the App is faulty or misdescribed you may have a legal right to end the contract, see clause 13;
10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
10.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.3.
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you for any advanced payment made in accordance with clause 10.3 which have not been provided and you may also be entitled to compensation. The reasons are:
10.2.1 we have told you about an upcoming change to the App or these Terms which you do not agree to;
10.2.2 we have told you about an error in the description of the services you have ordered and you do not wish to proceed;
10.2.3 we have suspended your access to the App for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 72 hours;
10.2.4 you have a legal right to end the contract because of something we have done wrong.
10.3 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind you can still end the contract before it is completed. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately when you contact us. You will not receive a refund for the fees you have already paid for your current subscription period and you will continue to receive the services ordered until the end of your current subscription period.
10.4 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.4.1 Delete the App. If your subscription is for a level of access that is free of charge then simply delete the App to end your contract with us.
10.4.2 Phone or email. Call customer services on 01625238911 or email us at firstname.lastname@example.org. Please provide your name, address, details of your account and, where available, your phone number and email address.
10.4.3 By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.4.4 Manage your App Store Subscriptions. Where your app store allows you to manage your subscriptions you can cancel your contract via that app store. You will not receive a refund for the fees you have already paid for your current subscription period and you will continue to receive the services ordered until the end of your current subscription period.
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
11.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide you with access to the App; or
11.1.2 you do not comply with these Terms;
12. What happens when the contract ends
12.1 When your rights to use the App ends:
12.1.1 you must stop all activities authorised by these Terms, including your use of the App;
12.1.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
12.1.3 we may remotely access your devices and remove the App from them and cease providing you with access to the App.
13. If there is a problem with the App
How to tell us about problems. If you have any questions or complaints about the App, please contact us. You can telephone our customer service team at 01625238911, write to us at Gendius Ltd, The Glasshouse, Alderley Park, Alderley Rd, Alderley Edge, Macclesfield, Cheshire, SK10 4TG, or email email@example.com
14.1 Currently access to the App is provided free of charge.
14.2 To unlock the features of the paid version of the App a subscription fee is payable. This will be charged as either an ongoing monthly payment or an annual payment depending on which subscription you choose. Payments will be processed through the Google Play Store or Apple App Store from which you originally downloaded the application.
14.3 If subscribed to one of our paid versions of the App you will be able to cancel the renewal of your subscription at any time, with your App Provider. You must cancel your monthly or yearly Subscription before the renewal date to avoid the billing fees for the next Subscription period. You will not receive a refund for the fees you have already paid for your current subscription period and you will continue to receive the services ordered until the end of your current subscription period.
14.4 You acknowledge and agree that, in the event we decide to change the fees for subscriptions or charge for access to the App we will tell you 30 days in advance and you will need to upgrade your subscription to continue to access the App. If you do not do so then we will end your contract with us and you must comply with the terms outlined in clause 12.
15. Our responsibility for loss or damage suffered by you
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms both we and you knew it might happen.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
15.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.4 We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.5 Limitations to the App. The App is provided for general information purposes only. It does not offer medical, healthcare or any other advice on which you should rely. You must obtain professional or specialist medical advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
15.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
15.7 Check that the App is suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App meet your requirements.
15.8 We are not responsible for events outside our control. If our provision of support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any access you have paid for but not received.
15.9 Age and competency. Intellin is only intended for use by people over 18 years. Minors using the application can do so only under strict adult supervision. Intellin should not be used by individuals who are not able to properly manage or treat their diabetes, due to, but not limited to, lack of mental capacity and understanding to absorb complex information, lack of technical understanding, or who generally have difficulty with the operation of a phone or tablet.
16. How we may use your personal information
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.
17.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the European Commission Online Dispute Resolution. You can submit a complaint via their website at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. You will not be charged for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate